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(영문) 청주지방법원 2018.06.28 2017나14926

손해배상(기) 등

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1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

Reasons

1. The first instance court partly accepted the Plaintiff’s claim on the principal lawsuit and dismissed the Defendant’s claim on the counterclaim.

However, since only the plaintiff appealed against the plaintiff among the main claim in the judgment of the court of first instance, the scope of the judgment of this court is limited to the part against the plaintiff among the main claim.

The plaintiff sought to revoke the part against the plaintiff's main claim in the purport of appeal, and did not exclude the part of the main claim cited in the judgment of the first instance, and stated the whole purport of the claim as it is.

2. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance (excluding the part of the opinion of the court of first instance).

3. If so, the plaintiff's claim on the merits of the lawsuit should be partly accepted within the scope of the above recognition, and the remaining claims on the merits must be dismissed as there is no reasonable ground.

The judgment of the first instance is justifiable in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.